DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 9510-08
19 August 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 August 2009. The names and votes of the
members of the panel will be furnished upon request. Your
allegations of error and injustice were reviewed in accordance
with administrative regulations and procedures applicable to the.
proceedings of this Board. Documentary material considered by
the Board consisted of your application, together with all
material submitted in support thereof, your naval record, and
applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Navy on 26 October 1990 after eight years
of prior honorable service. You continued to serve for a year.
and two months without disciplinary incident, however, during the
period from 30 January to 20 March 1992, you received nonjudicial
punishment (NOP) on two occasions for absence from your appointed
place of duty and four periods of unauthorized absence (UA)
totalling five days. You were also counselled on three occasions
for failure to pay just debts, extensive indebtedness, a positive
urinalysis for cocaine, and an arrest by civil authorities for
driving under the influence of alcohol.
On 30 March 1992 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct, drug abuse, alcohol rehabilitation failure, and
indebtedness. At that time you waived your right to consuit with
legal counsel and to present your case to an administrative
discharge board (ADB). On 3 April 1992 your commanding officer
also recommended separation under other than honorable conditions
by reason of misconduct. Shortly thereafter, on 8 April 1992,
you were convicted by civil authorities of driving under the
influence. You were sentenced to a $250 fine, $24 court cost,
confinement for 30 days, probation for a year, and a suspended
license for six months. You were also directed to participate in
an alcohol rehabilitation program.
On 13 April 1992, the discharge authority approved the foregoing
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct. On 16
April 1992 you received your third NJP for failure to go to your
appointed place of duty and drunken driving and were awarded
reduction to paygrade E-3. On 22 April 1992 you were issued an
other than honorable discharged by reason of misconduct and were
assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, post service conduct, character
reference letters, and desire to upgrade your discharge and
change your narrative reason for separation. It also considered
your assertion that several personal and family problems were the
cause of your irrational thinking which led to your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct in both
the military and civilian communities and included drug and
alcohol abuse. There is no evidence in the record, and you
submitted none to support your assertion. Accordingly, your
application has been denied.
It is regretted that the circumstances of your case are such that
‘favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
\WNrea!
W. DEAN PF
Executive Di
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